News & Analysis as of

401k Private Equity Employee Benefits

Fox Rothschild LLP

Trump Executive Order Calls for Review of Alternative Assets in 401(k) Plans

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President Trump has issued an Executive Order (EO) that could reshape how alternative assets are treated in defined contribution retirement plans. The directive requires the Department of Labor (DOL) to revisit its past...more

Haynes Boone

DOL Rescinds its Prior Guidance on Alternative Assets in 401(k) Plans

Haynes Boone on

On August 12, 2025, the DOL issued a press release (the “Release”) announcing that it is rescinding its prior guidance regarding the use of alternative assets as an investment option under a 401(k) plan’s investment menu....more

A&O Shearman

Alts for All: Administration Acts to Open 401(K) Plans to New Asset Classes

A&O Shearman on

On August 7, 2025, President Trump issued an Executive Order (Order) aimed at easing the path for ERISA fiduciaries to make “alternative asset” investments available to participant-directed defined contribution plan...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Trump Executive Order to broaden 401(k) access to private equity and Crypto, fiduciaries beware

I love Bitcoin. I love private equity. They’re two of my favorite investments, personally. But when it comes to 401(k) plan participants? I hate them. Not because the asset classes themselves are bad, they’re not. But because...more

Jackson Lewis P.C.

A Fiduciary’s Next Steps After Trump’s August 2025 Executive Order: Opening the 401(k) Door to Alternative Investments

Jackson Lewis P.C. on

On August 7, 2025, President Donald J. Trump issued an Executive Order designed to broaden access to alternative investments, such as private equity, commodities, real estate, and certain digital assets, for participants in...more

Seyfarth Shaw LLP

Executive Order Opens the Door to Alternative Assets in 401(k) Plans

Seyfarth Shaw LLP on

Shortly following our Legal Update regarding considerations for institutional investors investing in funds alongside retail investors, on August 7, 2025, President Trump issued an Executive Order (Order) entitled...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Intel Wins: Ninth Circuit Puts the Brakes on Anti-Private Equity Lawsuit

After six long years of litigation, Intel’s 401(k) plan design just got a big legal endorsement. A three-judge panel from the Ninth Circuit dismissed a lawsuit filed by plan participants who claimed that including hedge funds...more

Morgan Lewis - ML Benefits

Latest Executive Order Could Redefine Retirement Investing

The US administration recently issued an executive order to expand access to alternative investments in ERISA-governed retirement accounts. The order titled Democratizing Access to Alternative Investments for America's...more

Miller Canfield

New Executive Order Seeks to Facilitate Alternative Investments in 401(k) Plans

Miller Canfield on

On August 7, 2025, President Trump signed an Executive Order titled “Democratizing Access to Alternative Assets for 401(k) Investors.” This Executive Order has the potential to significantly change how retirement savings...more

Troutman Pepper Locke

Retirement Revolution: Expanding Access to Private Credit in 401(k)s

Troutman Pepper Locke on

On August 7, President Donald Trump issued an executive order directing federal agencies, particularly the Department of Labor, to work on expanding access to alternative investments for participants in 401(k) and other...more

Ballard Spahr LLP

Executive Order Seeks to Expand Access to Crypto and Private Investments in Defined-Contribution Plans

Ballard Spahr LLP on

On August 7, 2025, President Trump issued an executive order (the Order) instructing federal agencies to expand access to alternative asset investments for participants in defined-contribution retirement plans such as 401(k)...more

Cooley LLP

Private Equity and Venture Capital Investments for 401(k) Plans?

Cooley LLP on

On August 7, President Donald Trump signed an executive order (Democratizing Access to Alternative Assets for 401(k) Investors) that has been widely – and mistakenly – reported to open 401(k) plan assets to “alternative...more

Alston & Bird

Trump Administration Executive Order Aims to Expand 401(k) Access to Private Markets, Alternative Investments

Alston & Bird on

Our Investment Funds Team breaks down a new Executive Order signed by President Trump intended to expand access for 401(k) plans to invest in private equity, cryptocurrency, and other alternative assets....more

Jones Day

White House Opens Door to Broader Inclusion of Alternative Assets in Defined Contribution Retirement Plans

Jones Day on

A hotly anticipated August 7, 2025, executive order, "Democratizing Access to Alternative Assets for 401(k) Investors" ("EO"), aims to reduce regulatory barriers and significantly expand access to "alternative...more

Verrill

Coming Soon to Your 401(k) Plan: Tontines and Other Exotic Investments!

Verrill on

Participants in 401(k) plans and other defined contribution retirement plans may soon have the opportunity to invest their plan accounts in a variety of high-risk and potentially high-return assets. Touted as an effort to...more

Carlton Fields

Plan Sponsor and Asset Manager Considerations Under 401(k) Alternatives Executive Order

Carlton Fields on

On August 7, 2025, President Trump signed an executive order titled “Democratizing Access to Alternative Assets for 401(k) Investors,” designed to open the use of alternative investments, including private equity and actively...more

Seyfarth Shaw LLP

So, How Can Participants Invest Their Retirement Money?

Seyfarth Shaw LLP on

Under the current administration, the Department of Labor has once again changed course on its view of permissible investing strategies for retirement plans, warming to crypto and private equity, and confirming their distrust...more

Kilpatrick

The Ninth Circuit Rejects Plaintiffs’ Challenge to 401(k) Investments in Private Equity

Kilpatrick on

On May 22, 2025, the Ninth Circuit affirmed a district court’s decision to reject a class action lawsuit brought against fiduciaries of Intel defined contribution retirement plans that challenged the plan managers’ decision...more

Kilpatrick

5 Key Takeaways | Plan Investments and Fiduciary Risk Mitigation in the Trump Era

Kilpatrick on

The landscape for retirement plan investments and fiduciary risks is shifting in the early part of the second Trump Administration, both due to changes in the administration’s policies and developments in the courts....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Lockhead-Martin sued for DIY TDFs

If you are a large 401(k) plan considering offering in-house funds, be prepared for potential lawsuits. Lockheed Martin Corporation and its subsidiary investment management company are facing legal action from current...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL issues caution on private equity investments

The Department of Labor (DOL) has cautioned plan fiduciaries about private equity investments as components of investment options, such as target-date or balanced funds. ...more

Kilpatrick

401(k) Plan Investments: ESG, Private Equity and Cryptocurrency

Kilpatrick on

Many employers desire to offer innovative investments in their 401(k) plans as a way to enhance the plan’s value, attract talent and appeal to a younger workforce. But decisions regarding investment options are subject to...more

Faegre Drinker Biddle & Reath LLP

Department of Labor Issues New Guidance on Private Equity Investments in Individual Account Plans

On December 21, 2021, the Department of Labor (DOL) issued additional guidance on the use of private equity investments in certain retirement plans, warning that most plan fiduciaries will not have enough experience to...more

Carlton Fields

Private Equity in 401(k) Plans: A Holiday Sequel

Carlton Fields on

If you thought the “Matrix” and “Spider-Man” sequels were impressive, you will be delighted to know that in a matter of weeks after revisiting its guidance on ESG retirement plan investments, the Department of Labor also...more

Proskauer - Employee Benefits & Executive...

DOL Statement on Private Equity Investment Emphasizes Fiduciary Responsibility

On December 21, 2021, the Department of Labor (the “DOL”) published a Supplemental Statement (the “Supplemental Statement”) to its June 3, 2020 Information Letter (the “2020 Letter”) addressing fiduciary considerations for...more

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